Manish Chaturvedi @ Chaturvedi Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29814 of 2023 In CRIMINAL REVISION No.387 of 2022 Arising Out of PS. Case No.-103 Year-2015 Thana- DOMESTIC VIOLENACE DistrictPatna ====================================================== Manish Chaturvedi @ Chaturvedi Manish Kumar Son Of Shivjee Choubey, Resident Of Village-Sector-7, Block-7, Bahadurpur Housing Colony, P.S.- Agamkuan, Dist.-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rashmi Chaturvedi Wife of Shri Manish Chaturavedi Daughter of Sarvanand Mishra, Presently residing at Postal Park, Road-No-3A, Near Kali Mandir, P.S.-Jakkanpur, Dist.-Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present application has been filed for modification of the order dated 17.03.2023 passed in Cr. Revision No. 387 of 2022.

3. Learned counsel for the petitioner fairly submits that there are two parallel maintenance order. One in divorce case and another in D.V. Case are going on. He further submits that two parallel decisions may not continue. In the light of the reference in the case of Rajnesh vs. Neha & Anr. reported in

Patna High Court CR. MISC. No.29814 of 2023(2) dt.21-06-2023 2/2 (2021) 2 SCC 324.

4. On the specific query of the Court that whether by allowing this criminal miscellaneous it shall resulted into the review of the order passed in Cr. Revision or not? Counsel for the petitioner fairly submits that yes it shall be.

5. Learned counsel for State opposes the prayer for bail and submits that the order passed in criminal case cannot be reviewed.

6. Upon hearing this case, this Court is of the view that interference in the order passed in criminal judicature by a court is not permissible under Cr.P.C., as such this Court is not inclined to interfere in this matter and this Cr. Misc. application is dismissed.

(Dr. Anshuman, J.) ravishankar/- U T